OCTOBER LAUNCH OF JUDICIAL TRAINING PROGRAM TAKES

UNCLAS SECTION 01 OF 03 TBILISI 001622 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PHUM GG SUBJECT: OCTOBER LAUNCH OF JUDICIAL TRAINING PROGRAM TAKES FORM REF: A. TBILISI 268 ¶B. TBILISI 281 ¶C. TBILISI 767 ¶D. TBILISI 932 ¶E. TBILISI 1479 ¶1. (SBU) Summary. The USAID Caucasus Mission Director and Poloff attended the opening of a new High School of Justice (HSOJ) facility on 22 June in Tskaltubo (Kutaisi) where the Georgian Chairman of the Supreme Court released to the international community copies of the much anticipated curriculum for the training of new judges (reftel A, B). The release of the curriculum validated earlier conversations with ministry officials that the curriculum would soon be made available to the public (reftel C,D,E). Publication of the curriculum heralds yet another milestone in the continuing advance of Georgia to develop a more professional and independent judiciary. End Summary. -------------- HSOJ CURRICULUM AND INSTRUCTORS READY -------------- ¶2. (U) The USAID Mission Caucasus Director and Poloff attended a press conference in Tskaltubo on 22 June which marked the opening of the Tskaltubo Regional Center of the High School of Justice. The main office of the HSOJ is located in Tbilisi. To better serve the regions, two branches of the HSOJ have been established in Batumi and Tkhaltubo. Konstantine Kublashvili, Chairman of the Supreme Court, held a press conference to share with the international community copies of the HSCOJ curriculum and particulars about on-going training for judges already on the bench. He took questions from the floor about draft legislation dealing with judicial reform and shared information about the increase in judges and court workers salaries planned for next year. His presentation answered many previously open questions about the HSOJ curriculum which no one had seen prior to this event. Further validation of the program will take place beginning 9 July. ¶3. (U) The HSOJ in its new format becomes operative in October 2007; judges from this time will no longer be appointed by the President and only HSOJ graduates will be eligible for the judicial election process. The current plan stipulates that judges graduating from the HSOJ will work as first instance judges either as magistrate judges or first instance judges, hearing cases on administrative, civil and pre-trial issues in criminal matters. Magistrates who are appointed in the specific areas of the administrative-territorial unit under the jurisdiction of the district court ensure that people in the areas remote from the district court have speedy access to justice locally. In this way, the District Courts will assist in decreasing the large backlog of cases, thereby lowering the number of those in pre-trail detention. The HSOJ curriculum will consist of 14 months of training, nine of these months in an academic setting, and five months practical application. There will be a final exam and interview at t he end of the training before new judges assume their duties. Currently representatives from OSCE are suggesting the GoG extend the program up to two years, but any changes would not be in effect until 2008. ¶4. (U) The HSOJ curriculum was developed based on the provisions of Chapter VI of the Law of Georgia on the HSOJ but uses a French model as a basis. It provides a detailed description of the subjects to be taught and activities to be completed during the theoretical course, internship program and seminar work all of which are required by Article 19 of the Law. The main objective of the program is to deepen the theoretical knowledge of the judicial candidates and give them the needed practical skills, as well as help them realize the extent of their future responsibility and the importance of maintaining judicial independence within the bounds of the law. -------------- The Formal Course -------------- ¶5. (SBU) Sitting judges will teach the theoretical course using lectures, practice-centered work, discussion, and homework to achieve the objectives of the course. Shota Rukhadze, Deputy of the HSOJ, told Poloff that the majority of the trainers will be sitting judges, as the instruction will be practice-oriented and only judges have this experience. University professors or other lawyers wouldn't have this expertise necessarily. Currently, Rukhadze is seeking other qualified professional instructors but the final list of trainers is not yet determined. Rukhadze told TBILISI 00001622 002 OF 003 Poloff that the instructors' fees had been calculated into the 2007 budget and passed to the Ministry of Finance. The calculation was based on the highest daily rate in Georgian educational institutions. English language courses will be mandatory twice weekly during this segment, with an emphasis on English legal terminology. Students who study at the HSOJ will resign their permanent jobs and be full time students; the government will allot them a monthly stipend of 600-650 GEL (390 USD). The total number of new students for initial training will be 25-30, which is the number provided to the HSOJ by the High Council of Justice. These students will be divided between the institutions in Tbilisi, Batumi and Tskaltubo. Most of the training for new students will be in Tbilisi; Batumi and Tskaltubo will be used more for retraining of sitting judges. SIPDIS ¶6. (U) The theoretical Course for Judicial Candidates for the October course will include the following topics: - Constitutional Law - Criminal law - Criminal Procedural Law - Civil Law - Civil Procedural Law - Administrative Law - Administrative Procedural Law - Tax Law and Customs Code - International Law - Law in Cinema - Computer and New Information Technologies -------------- The Internship Program -------------- ¶7. (U) After completion of the nine month theoretical course, the students of justice will be required to complete a compulsory and alternative practical internship program. The length of the compulsory internship program is three months, during which the students will spend time in the common courts of Georgia, or upon approval, either in the Prosecutor's Office, law firms, or public notaries. During the internship program, the students of justice will go on site to different common courts to learn in detail of court operations, starting from the functioning of court chancelleries to making decisions on each particular case. -------------- -------------- Seminars--the Formal Course and Internship in Practice -------------- -------------- ¶8. (U) At the end of the internship program the students of justice will complete a two-month seminar program the purpose of which is to generalize the knowledge and practical experience the students of justice received during the theoretical course and practical internship program. During the seminars, the students of justice will be given concrete practical homework (such as writing judicial decisions based on hypothetical cases, drafting various procedural documents, etc.) which will further improve their knowledge and prepare them for the final graduating exam. -------------- Judges and Court Workers Salaries to Increase -------------- ¶9. (U) During his presentation, Kublashvili announced that Parliament recently passed a law to increase judges' salaries monthly by 100 GEL(60 USD),which would be retroactive to 1 January. In 2008 there are plans to further increase judges' monthly salaries by up to as much as 210 GEL (126 USD) per month. Additionally, the Parliament is considering raising the salaries of Tbilisi District Court workers, as they earn significantly less than judges. Court workers currently receive 250 GEL (150 USD) a month, whereas judges receive 1500 GEL (899 USD) or more. -------------- Comment -------------- ¶10. (SBU) The completion of the HSOJ curriculum is another milestone for the Georgians in their efforts to strengthen their judicial arm by having a cadre of professional judges who are not appointed by the executive arm but through a recognized transparent process. The curriculum still has yet to be approved by the High Council of Justice before the start of the HSOJ term begins in October. Kublashvili's announcement and promulgation of the curriculum has finally answered the questions as to what the new judges will study and how. The looming question still remains where will the TBILISI 00001622 003 OF 003 HSOJ find additional instructors and will they be ready for the course start date in October. We will keep pressing the GoG to ensure that they meet this deadline. End Comment. TEFFT